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To amend sections 109.32, 109.54, 2915.01, and
2915.02 of the Revised Code to permit the Bureau
of Criminal Identification and Investigation to
investigate criminal activity related to the
Gambling Law, to make changes related to schemes
of chance, and to require certifications related
to the conduct of a sweepstakes with the use of a
sweepstakes terminal device.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 109.32, 109.54, 2915.01, and 2915.02
of the Revised Code be amended to read as follows:

Sec. 109.32. All annual filing fees obtained by the attorney
general pursuant to section 109.31 of the Revised Code, all
receipts obtained from the sale of the charitable foundations
directory, all registration fees received by the attorney general,
bond forfeitures, awards of costs and attorney's fees, and civil
penalties assessed under Chapter 1716. of the Revised Code, and
all license fees received by the attorney general under section
2915.08, 2915.081, or 2915.082 of the Revised Code, and all filing
fees received by the attorney general under divisions (F) and (G)
of section 2915.02 of the Revised Code, shall be paid into the
state treasury to the credit of the charitable law fund. The
charitable law fund shall be used insofar as its moneys are
available for the expenses of the charitable law section of the
office of the attorney general, except that all annual license
fees that are received by the attorney general under section
2915.08, 2915.081, or 2915.082 of the Revised Code, and all filing
fees received by the attorney general under divisions (F) and (G)
of section 2915.02 of the Revised Code, that are credited to the
fund shall be used by the attorney general, or any law enforcement
agency in cooperation with the attorney general, for the purposes
specified in division (H) of section 2915.10 of the Revised Code
and to administer and enforce Chapter 2915. of the Revised Code.
The expenses of the charitable law section in excess of moneys
available in the charitable law fund shall be paid out of regular
appropriations to the office of the attorney general.

Sec. 109.54. (A) The bureau of criminal identification and
investigation may investigate any criminal activity in this state
that is of statewide or intercounty concern when requested by
local authorities and may aid federal authorities, when requested,
in their investigation of any criminal activity in this state. The
bureau may investigate any criminal activity in this state related
to the conduct of elections when requested by the secretary of
state. The bureau may investigate any criminal activity in this
state involving drug abuse or illegal drug distribution prohibited
under Chapter 3719. or 4729. of the Revised Code or any violation
of section 2915.02 of the Revised Code. The superintendent and any
agent of the bureau may participate, as the director of an
organized crime task force established under section 177.02 of the
Revised Code or as a member of the investigatory staff of a task
force established under that section, in an investigation of
organized criminal activity anywhere within this state under
sections 177.01 to 177.03 of the Revised Code.

(B) The bureau may provide any trained investigative
personnel and specialized equipment that are requested by any
sheriff or chief of police, by the authorized designee of any
sheriff or chief of police, or by any other authorized law
enforcement officer to aid and assist the officer in the
investigation and solution of any crime or the control of any
criminal activity occurring within the officer's jurisdiction.
This assistance shall be furnished by the bureau without
disturbing or impairing any of the existing law enforcement
authority or the prerogatives of local law enforcement authorities
or officers. Investigators provided pursuant to this section, or
engaged in an investigation pursuant to section 109.83 of the
Revised Code, may go armed in the same manner as sheriffs and
regularly appointed police officers under section 2923.12 of the
Revised Code.

(C)(1) The bureau shall obtain recording equipment that can
be used to record depositions of the type described in division
(A) of section 2152.81 and division (A) of section 2945.481 of the
Revised Code, or testimony of the type described in division (D)
of section 2152.81 and division (D) of section 2945.481 or in
division (C) of section 2937.11 of the Revised Code, shall obtain
closed circuit equipment that can be used to televise testimony of
the type described in division (C) of section 2152.81 and division
(C) of section 2945.481 or in division (B) of section 2937.11 of
the Revised Code, and shall provide the equipment, upon request,
to any court for use in recording any deposition or testimony of
one of those types or in televising the testimony in accordance
with the applicable division.

(2) The bureau shall obtain the names, addresses, and
telephone numbers of persons who are experienced in questioning
children in relation to an investigation of a violation of section
2905.03, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,
2907.07, 2907.09, 2907.21, 2907.23, 2907.24, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, or 2919.22 of the Revised Code or an
offense of violence and shall maintain a list of those names,
addresses, and telephone numbers. The list shall include a
classification of the names, addresses, and telephone numbers by
appellate district. Upon request, the bureau shall provide any
county sheriff, chief of police, prosecuting attorney, village
solicitor, city director of law, or similar chief legal officer
with the name, address, and telephone number of any person
contained in the list.

Sec. 2915.01. As used in this chapter:

(A) "Bookmaking" means the business of receiving or paying
off bets.

(B) "Bet" means the hazarding of anything of value upon the
result of an event, undertaking, or contingency, but does not
include a bona fide business risk.

(C) "Scheme of chance" means a slot machine unless authorized
under Chapter 3772. of the Revised Code, lottery unless authorized
under Chapter 3770. of the Revised Code, numbers game, pool
conducted for profit, or other scheme in which a participant gives
a valuable consideration for a chance to win a prize, but does not
include bingo, a skill-based amusement machine, or a pool not
conducted for profit. "Scheme of chance" includes the use of an
electronic device to reveal the results of a game entry if
valuable consideration is paid, directly or indirectly, for a
chance to win a prize. Valuable consideration is deemed to be paid
for a chance to win a prize in the following instances:

(1) Less than fifty per cent of the goods or services sold by
a scheme of chance operator in exchange for game entries are used
or redeemed by participants at any one location;

(2) Less than fifty per cent of participants who purchase
goods or services at any one location do not accept, use, or
redeem the goods or services sold or purportedly sold;

(3) More than fifty per cent of prizes at any one location
are revealed to participants through an electronic device
simulating a game of chance or a "casino game" as defined in
section 3772.01 of the Revised Code;

(4) The good or service sold by a scheme of chance operator
in exchange for a game entry cannot be used or redeemed in the
manner advertised;

(5) A participant pays more than fair market value for goods
or services offered by a scheme of chance operator in order to
receive one or more game entries;

(6) A participant may use the electronic device to purchase
additional game entries;

(7) A participant may purchase additional game entries by
using points or credits won as prizes while using the electronic
device;

(8) A scheme of chance operator pays out in prize money more
than twenty per cent of the gross revenue received at one
location; or

(9) A participant makes a purchase or exchange in order to
obtain any good or service that may be used to facilitate play on
the electronic device.

As used in this division, "electronic device" means a
mechanical, video, digital, or electronic machine or device that
is capable of displaying information on a screen or other
mechanism and that is owned, leased, or otherwise possessed by any
person conducting a scheme of chance, or by that person's
partners, affiliates, subsidiaries, or contractors.

(D) "Game of chance" means poker, craps, roulette, or other
game in which a player gives anything of value in the hope of
gain, the outcome of which is determined largely by chance, but
does not include bingo.

(E) "Game of chance conducted for profit" means any game of
chance designed to produce income for the person who conducts or
operates the game of chance, but does not include bingo.

(F) "Gambling device" means any of the following:

(1) A book, totalizer, or other equipment for recording bets;

(2) A ticket, token, or other device representing a chance,
share, or interest in a scheme of chance or evidencing a bet;

(3) A deck of cards, dice, gaming table, roulette wheel, slot
machine, or other apparatus designed for use in connection with a
game of chance;

(4) Any equipment, device, apparatus, or paraphernalia
specially designed for gambling purposes;

(5) Bingo supplies sold or otherwise provided, or used, in
violation of this chapter.

(2) A violation of an existing or former municipal ordinance
or law of this or any other state or the United States
substantially equivalent to any section listed in division (G)(1)
of this section or a violation of section 2915.06 of the Revised
Code as it existed prior to July 1, 1996;

(3) An offense under an existing or former municipal
ordinance or law of this or any other state or the United States,
of which gambling is an element;

(4) A conspiracy or attempt to commit, or complicity in
committing, any offense under division (G)(1), (2), or (3) of this
section.

(H) Except as otherwise provided in this chapter, "charitable
organization" means either of the following:

(1) An organization that is, and has received from the
internal revenue service a determination letter that currently is
in effect stating that the organization is, exempt from federal
income taxation under subsection 501(a) and described in
subsection 501(c)(3) of the Internal Revenue Code;

(2) A volunteer rescue service organization, volunteer
firefighter's organization, veteran's organization, fraternal
organization, or sporting organization that is exempt from federal
income taxation under subsection 501(c)(4), (c)(7), (c)(8),
(c)(10), or (c)(19) of the Internal Revenue Code.

To qualify as a "charitable organization," an organization
shall have been in continuous existence as such in this state for
a period of two years immediately preceding either the making of
an application for a bingo license under section 2915.08 of the
Revised Code or the conducting of any game of chance as provided
in division (D) of section 2915.02 of the Revised Code.

(I) "Religious organization" means any church, body of
communicants, or group that is not organized or operated for
profit and that gathers in common membership for regular worship
and religious observances.

(J) "Veteran's organization" means any individual post or
state headquarters of a national veteran's association or an
auxiliary unit of any individual post of a national veteran's
association, which post, state headquarters, or auxiliary unit is
incorporated as a nonprofit corporation and either has received a
letter from the state headquarters of the national veteran's
association indicating that the individual post or auxiliary unit
is in good standing with the national veteran's association or has
received a letter from the national veteran's association
indicating that the state headquarters is in good standing with
the national veteran's association. As used in this division,
"national veteran's association" means any veteran's association
that has been in continuous existence as such for a period of at
least five years and either is incorporated by an act of the
United States congress or has a national dues-paying membership of
at least five thousand persons.

(K) "Volunteer firefighter's organization" means any
organization of volunteer firefighters, as defined in section
146.01 of the Revised Code, that is organized and operated
exclusively to provide financial support for a volunteer fire
department or a volunteer fire company and that is recognized or
ratified by a county, municipal corporation, or township.

(L) "Fraternal organization" means any society, order, state
headquarters, or association within this state, except a college
or high school fraternity, that is not organized for profit, that
is a branch, lodge, or chapter of a national or state
organization, that exists exclusively for the common business or
sodality of its members.

(M) "Volunteer rescue service organization" means any
organization of volunteers organized to function as an emergency
medical service organization, as defined in section 4765.01 of the
Revised Code.

(N) "Charitable bingo game" means any bingo game described in
division (O)(1) or (2) of this section that is conducted by a
charitable organization that has obtained a license pursuant to
section 2915.08 of the Revised Code and the proceeds of which are
used for a charitable purpose.

(O) "Bingo" means either of the following:

(1) A game with all of the following characteristics:

(a) The participants use bingo cards or sheets, including
paper formats and electronic representation or image formats, that
are divided into twenty-five spaces arranged in five horizontal
and five vertical rows of spaces, with each space, except the
central space, being designated by a combination of a letter and a
number and with the central space being designated as a free
space.

(b) The participants cover the spaces on the bingo cards or
sheets that correspond to combinations of letters and numbers that
are announced by a bingo game operator.

(c) A bingo game operator announces combinations of letters
and numbers that appear on objects that a bingo game operator
selects by chance, either manually or mechanically, from a
receptacle that contains seventy-five objects at the beginning of
each game, each object marked by a different combination of a
letter and a number that corresponds to one of the seventy-five
possible combinations of a letter and a number that can appear on
the bingo cards or sheets.

(d) The winner of the bingo game includes any participant who
properly announces during the interval between the announcements
of letters and numbers as described in division (O)(1)(c) of this
section, that a predetermined and preannounced pattern of spaces
has been covered on a bingo card or sheet being used by the
participant.

(2) Instant bingo, punch boards, and raffles.

(P) "Conduct" means to back, promote, organize, manage, carry
on, sponsor, or prepare for the operation of bingo or a game of
chance, a scheme of chance, or a sweepstakes.

(Q) "Bingo game operator" means any person, except security
personnel, who performs work or labor at the site of bingo,
including, but not limited to, collecting money from participants,
handing out bingo cards or sheets or objects to cover spaces on
bingo cards or sheets, selecting from a receptacle the objects
that contain the combination of letters and numbers that appear on
bingo cards or sheets, calling out the combinations of letters and
numbers, distributing prizes, selling or redeeming instant bingo
tickets or cards, supervising the operation of a punch board,
selling raffle tickets, selecting raffle tickets from a receptacle
and announcing the winning numbers in a raffle, and preparing,
selling, and serving food or beverages.

(R) "Participant" means any person who plays bingo.

(S) "Bingo session" means a period that includes both of the
following:

(1) Not to exceed five continuous hours for the conduct of
one or more games described in division (O)(1) of this section,
instant bingo, and seal cards;

(2) A period for the conduct of instant bingo and seal cards
for not more than two hours before and not more than two hours
after the period described in division (S)(1) of this section.

(T) "Gross receipts" means all money or assets, including
admission fees, that a person receives from bingo without the
deduction of any amounts for prizes paid out or for the expenses
of conducting bingo. "Gross receipts" does not include any money
directly taken in from the sale of food or beverages by a
charitable organization conducting bingo, or by a bona fide
auxiliary unit or society of a charitable organization conducting
bingo, provided all of the following apply:

(1) The auxiliary unit or society has been in existence as a
bona fide auxiliary unit or society of the charitable organization
for at least two years prior to conducting bingo.

(2) The person who purchases the food or beverage receives
nothing of value except the food or beverage and items customarily
received with the purchase of that food or beverage.

(3) The food and beverages are sold at customary and
reasonable prices.

(U) "Security personnel" includes any person who either is a
sheriff, deputy sheriff, marshal, deputy marshal, township
constable, or member of an organized police department of a
municipal corporation or has successfully completed a peace
officer's training course pursuant to sections 109.71 to 109.79 of
the Revised Code and who is hired to provide security for the
premises on which bingo is conducted.

(V) "Charitable purpose" means that the net profit of bingo,
other than instant bingo, is used by, or is given, donated, or
otherwise transferred to, any of the following:

(1) Any organization that is described in subsection
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code
and is either a governmental unit or an organization that is tax
exempt under subsection 501(a) and described in subsection
501(c)(3) of the Internal Revenue Code;

(2) A veteran's organization that is a post, chapter, or
organization of veterans, or an auxiliary unit or society of, or a
trust or foundation for, any such post, chapter, or organization
organized in the United States or any of its possessions, at least
seventy-five per cent of the members of which are veterans and
substantially all of the other members of which are individuals
who are spouses, widows, or widowers of veterans, or such
individuals, provided that no part of the net earnings of such
post, chapter, or organization inures to the benefit of any
private shareholder or individual, and further provided that the
net profit is used by the post, chapter, or organization for the
charitable purposes set forth in division (B)(12) of section
5739.02 of the Revised Code, is used for awarding scholarships to
or for attendance at an institution mentioned in division (B)(12)
of section 5739.02 of the Revised Code, is donated to a
governmental agency, or is used for nonprofit youth activities,
the purchase of United States or Ohio flags that are donated to
schools, youth groups, or other bona fide nonprofit organizations,
promotion of patriotism, or disaster relief;

(3) A fraternal organization that has been in continuous
existence in this state for fifteen years and that uses the net
profit exclusively for religious, charitable, scientific,
literary, or educational purposes, or for the prevention of
cruelty to children or animals, if contributions for such use
would qualify as a deductible charitable contribution under
subsection 170 of the Internal Revenue Code;

(4) A volunteer firefighter's organization that uses the net
profit for the purposes set forth in division (K) of this section.

(X) "Youth athletic organization" means any organization, not
organized for profit, that is organized and operated exclusively
to provide financial support to, or to operate, athletic
activities for persons who are twenty-one years of age or younger
by means of sponsoring, organizing, operating, or contributing to
the support of an athletic team, club, league, or association.

(Y) "Youth athletic park organization" means any
organization, not organized for profit, that satisfies both of the
following:

(1) It owns, operates, and maintains playing fields that
satisfy both of the following:

(a) The playing fields are used at least one hundred days per
year for athletic activities by one or more organizations, not
organized for profit, each of which is organized and operated
exclusively to provide financial support to, or to operate,
athletic activities for persons who are eighteen years of age or
younger by means of sponsoring, organizing, operating, or
contributing to the support of an athletic team, club, league, or
association.

(b) The playing fields are not used for any profit-making
activity at any time during the year.

(2) It uses the proceeds of bingo it conducts exclusively for
the operation, maintenance, and improvement of its playing fields
of the type described in division (Y)(1) of this section.

(Z) "Bingo supplies" means bingo cards or sheets; instant
bingo tickets or cards; electronic bingo aids; raffle tickets;
punch boards; seal cards; instant bingo ticket dispensers; and
devices for selecting or displaying the combination of bingo
letters and numbers or raffle tickets. Items that are "bingo
supplies" are not gambling devices if sold or otherwise provided,
and used, in accordance with this chapter. For purposes of this
chapter, "bingo supplies" are not to be considered equipment used
to conduct a bingo game.

(AA) "Instant bingo" means a form of bingo that shall use
folded or banded tickets or paper cards with perforated break-open
tabs, a face of which is covered or otherwise hidden from view to
conceal a number, letter, or symbol, or set of numbers, letters,
or symbols, some of which have been designated in advance as prize
winners, and may also include games in which some winners are
determined by the random selection of one or more bingo numbers by
the use of a seal card or bingo blower. In all "instant bingo" the
prize amount and structure shall be predetermined. "Instant bingo"
does not include any device that is activated by the insertion of
a coin, currency, token, or an equivalent, and that contains as
one of its components a video display monitor that is capable of
displaying numbers, letters, symbols, or characters in winning or
losing combinations.

(BB) "Seal card" means a form of instant bingo that uses
instant bingo tickets in conjunction with a board or placard that
contains one or more seals that, when removed or opened, reveal
predesignated winning numbers, letters, or symbols.

(CC) "Raffle" means a form of bingo in which the one or more
prizes are won by one or more persons who have purchased a raffle
ticket. The one or more winners of the raffle are determined by
drawing a ticket stub or other detachable section from a
receptacle containing ticket stubs or detachable sections
corresponding to all tickets sold for the raffle. "Raffle" does
not include the drawing of a ticket stub or other detachable
section of a ticket purchased to attend a professional sporting
event if both of the following apply:

(1) The ticket stub or other detachable section is used to
select the winner of a free prize given away at the professional
sporting event; and

(2) The cost of the ticket is the same as the cost of a
ticket to the professional sporting event on days when no free
prize is given away.

(DD) "Punch board" means a board containing a number of holes
or receptacles of uniform size in which are placed, mechanically
and randomly, serially numbered slips of paper that may be punched
or drawn from the hole or receptacle when used in conjunction with
instant bingo. A player may punch or draw the numbered slips of
paper from the holes or receptacles and obtain the prize
established for the game if the number drawn corresponds to a
winning number or, if the punch board includes the use of a seal
card, a potential winning number.

(GG) "Expenses" means the reasonable amount of gross profit
actually expended for all of the following:

(1) The purchase or lease of bingo supplies;

(2) The annual license fee required under section 2915.08 of
the Revised Code;

(3) Bank fees and service charges for a bingo session or game
account described in section 2915.10 of the Revised Code;

(4) Audits and accounting services;

(5) Safes;

(6) Cash registers;

(7) Hiring security personnel;

(8) Advertising bingo;

(9) Renting premises in which to conduct a bingo session;

(10) Tables and chairs;

(11) Expenses for maintaining and operating a charitable
organization's facilities, including, but not limited to, a post
home, club house, lounge, tavern, or canteen and any grounds
attached to the post home, club house, lounge, tavern, or canteen;

(12) Payment of real property taxes and assessments that are
levied on a premises on which bingo is conducted;

(13) Any other product or service directly related to the
conduct of bingo that is authorized in rules adopted by the
attorney general under division (B)(1) of section 2915.08 of the
Revised Code.

(HH) "Person" has the same meaning as in section 1.59 of the
Revised Code and includes any firm or any other legal entity,
however organized.

(II) "Revoke" means to void permanently all rights and
privileges of the holder of a license issued under section
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable
gaming license issued by another jurisdiction.

(JJ) "Suspend" means to interrupt temporarily all rights and
privileges of the holder of a license issued under section
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable
gaming license issued by another jurisdiction.

(KK) "Distributor" means any person who purchases or obtains
bingo supplies and who does either of the following:

(1) Sells, offers for sale, or otherwise provides or offers
to provide the bingo supplies to another person for use in this
state;

(2) Modifies, converts, adds to, or removes parts from the
bingo supplies to further their promotion or sale for use in this
state.

(LL) "Manufacturer" means any person who assembles completed
bingo supplies from raw materials, other items, or subparts or who
modifies, converts, adds to, or removes parts from bingo supplies
to further their promotion or sale.

(MM) "Gross annual revenues" means the annual gross receipts
derived from the conduct of bingo described in division (O)(1) of
this section plus the annual net profit derived from the conduct
of bingo described in division (O)(2) of this section.

(NN) "Instant bingo ticket dispenser" means a mechanical
device that dispenses an instant bingo ticket or card as the sole
item of value dispensed and that has the following
characteristics:

(1) It is activated upon the insertion of United States
currency.

(2) It performs no gaming functions.

(3) It does not contain a video display monitor or generate
noise.

(4) It is not capable of displaying any numbers, letters,
symbols, or characters in winning or losing combinations.

(5) It does not simulate or display rolling or spinning
reels.

(6) It is incapable of determining whether a dispensed bingo
ticket or card is a winning or nonwinning ticket or card and
requires a winning ticket or card to be paid by a bingo game
operator.

(7) It may provide accounting and security features to aid in
accounting for the instant bingo tickets or cards it dispenses.

(8) It is not part of an electronic network and is not
interactive.

(OO)(1) "Electronic bingo aid" means an electronic device
used by a participant to monitor bingo cards or sheets purchased
at the time and place of a bingo session and that does all of the
following:

(a) It provides a means for a participant to input numbers
and letters announced by a bingo caller.

(b) It compares the numbers and letters entered by the
participant to the bingo faces previously stored in the memory of
the device.

(c) It identifies a winning bingo pattern.

(2) "Electronic bingo aid" does not include any device into
which a coin, currency, token, or an equivalent is inserted to
activate play.

(PP) "Deal of instant bingo tickets" means a single game of
instant bingo tickets all with the same serial number.

(QQ)(1) "Slot machine" means either of the following:

(a) Any mechanical, electronic, video, or digital device that
is capable of accepting anything of value, directly or indirectly,
from or on behalf of a player who gives the thing of value in the
hope of gain;

(b) Any mechanical, electronic, video, or digital device that
is capable of accepting anything of value, directly or indirectly,
from or on behalf of a player to conduct bingo or a scheme or game
of chance.

(2) "Slot machine" does not include a skill-based amusement
machine or an instant bingo ticket dispenser.

(RR) "Net profit from the proceeds of the sale of instant
bingo" means gross profit minus the ordinary, necessary, and
reasonable expense expended for the purchase of instant bingo
supplies, and, in the case of instant bingo conducted by a
veteran's, fraternal, or sporting organization, minus the payment
by that organization of real property taxes and assessments levied
on a premises on which instant bingo is conducted.

(SS) "Charitable instant bingo organization" means an
organization that is exempt from federal income taxation under
subsection 501(a) and described in subsection 501(c)(3) of the
Internal Revenue Code and is a charitable organization as defined
in this section. A "charitable instant bingo organization" does
not include a charitable organization that is exempt from federal
income taxation under subsection 501(a) and described in
subsection 501(c)(3) of the Internal Revenue Code and that is
created by a veteran's organization, a fraternal organization, or
a sporting organization in regards to bingo conducted or assisted
by a veteran's organization, a fraternal organization, or a
sporting organization pursuant to section 2915.13 of the Revised
Code.

(TT) "Game flare" means the board or placard that accompanies
each deal of instant bingo tickets and that has printed on or
affixed to it the following information for the game:

(1) The name of the game;

(2) The manufacturer's name or distinctive logo;

(3) The form number;

(4) The ticket count;

(5) The prize structure, including the number of winning
instant bingo tickets by denomination and the respective winning
symbol or number combinations for the winning instant bingo
tickets;

(6) The cost per play;

(7) The serial number of the game.

(UU)(1) "Skill-based amusement machine" means a mechanical,
video, digital, or electronic device that rewards the player or
players, if at all, only with merchandise prizes or with
redeemable vouchers redeemable only for merchandise prizes,
provided that with respect to rewards for playing the game all of
the following apply:

(a) The wholesale value of a merchandise prize awarded as a
result of the single play of a machine does not exceed ten
dollars;

(b) Redeemable vouchers awarded for any single play of a
machine are not redeemable for a merchandise prize with a
wholesale value of more than ten dollars;

(c) Redeemable vouchers are not redeemable for a merchandise
prize that has a wholesale value of more than ten dollars times
the fewest number of single plays necessary to accrue the
redeemable vouchers required to obtain that prize; and

(d) Any redeemable vouchers or merchandise prizes are
distributed at the site of the skill-based amusement machine at
the time of play.

A card for the purchase of gasoline is a redeemable voucher
for purposes of division (UU)(1) of this section even if the
skill-based amusement machine for the play of which the card is
awarded is located at a place where gasoline may not be legally
distributed to the public or the card is not redeemable at the
location of, or at the time of playing, the skill-based amusement
machine.

(2) A device shall not be considered a skill-based amusement
machine and shall be considered a slot machine if it pays cash or
one or more of the following apply:

(a) The ability of a player to succeed at the game is
impacted by the number or ratio of prior wins to prior losses of
players playing the game.

(b) Any reward of redeemable vouchers is not based solely on
the player achieving the object of the game or the player's score;

(c) The outcome of the game, or the value of the redeemable
voucher or merchandise prize awarded for winning the game, can be
controlled by a source other than any player playing the game.

(d) The success of any player is or may be determined by a
chance event that cannot be altered by player actions.

(e) The ability of any player to succeed at the game is
determined by game features not visible or known to the player.

(f) The ability of the player to succeed at the game is
impacted by the exercise of a skill that no reasonable player
could exercise.

(3) All of the following apply to any machine that is
operated as described in division (UU)(1) of this section:

(a) As used in division (UU) of this section, "game" and
"play" mean one event from the initial activation of the machine
until the results of play are determined without payment of
additional consideration. An individual utilizing a machine that
involves a single game, play, contest, competition, or tournament
may be awarded redeemable vouchers or merchandise prizes based on
the results of play.

(b) Advance play for a single game, play, contest,
competition, or tournament participation may be purchased. The
cost of the contest, competition, or tournament participation may
be greater than a single noncontest, competition, or tournament
play.

(c) To the extent that the machine is used in a contest,
competition, or tournament, that contest, competition, or
tournament has a defined starting and ending date and is open to
participants in competition for scoring and ranking results toward
the awarding of redeemable vouchers or merchandise prizes that are
stated prior to the start of the contest, competition, or
tournament.

(4) For purposes of division (UU)(1) of this section, the
mere presence of a device, such as a pin-setting, ball-releasing,
or scoring mechanism, that does not contribute to or affect the
outcome of the play of the game does not make the device a
skill-based amusement machine.

(VV) "Merchandise prize" means any item of value, but shall
not include any of the following:

(1) Cash, gift cards, or any equivalent thereof;

(2) Plays on games of chance, state lottery tickets, bingo,
or instant bingo;

(3) Firearms, tobacco, or alcoholic beverages; or

(4) A redeemable voucher that is redeemable for any of the
items listed in division (VV)(1), (2), or (3) of this section.

(XX) "Pool not conducted for profit" means a scheme in which
a participant gives a valuable consideration for a chance to win a
prize and the total amount of consideration wagered is distributed
to a participant or participants.

(YY) "Sporting organization" means a hunting, fishing, or
trapping organization, other than a college or high school
fraternity or sorority, that is not organized for profit, that is
affiliated with a state or national sporting organization,
including but not limited to, the league of Ohio sportsmen, and
that has been in continuous existence in this state for a period
of three years.

(ZZ) "Community action agency" has the same meaning as in
section 122.66 of the Revised Code.

(AAA)(1) "Sweepstakes terminal device" means a mechanical,
video, digital, or electronic machine or device that is owned,
leased, or otherwise possessed by any person conducting a
sweepstakes, or by that person's partners, affiliates,
subsidiaries, or contractors, that is intended to be used by a
sweepstakes participant, and that is capable of displaying
information on a screen or other mechanism. A device is a
sweepstakes terminal device if any of the following apply:

(a) The device uses a simulated game terminal as a
representation of the prizes associated with the results of the
sweepstakes entries.

(b) The device utilizes software such that the simulated game
influences or determines the winning of or value of the prize.

(c) The device selects prizes from a predetermined finite
pool of entries.

(d) The device utilizes a mechanism that reveals the content
of a predetermined sweepstakes entry.

(e) The device predetermines the prize results and stores
those results for delivery at the time the sweepstakes entry
results are revealed.

(f) The device utilizes software to create a game result.

(g) The device reveals the prize incrementally, even though
the device does not influence the awarding of the prize or the
value of any prize awarded.

(h) The device determines and associates the prize with an
entry or entries at the time the sweepstakes is entered.

(2) As used in this division and in section 2915.02 of the
Revised Code:

(a) "Enter" means the act by which a person becomes eligible
to receive any prize offered in a sweepstakes.

(b) "Entry" means one event from the initial activation of
the sweepstakes terminal device until all the sweepstakes prize
results from that activation are revealed.

(c) "Prize" means any gift, award, gratuity, good, service,
credit, reward, or any other thing of value that may be
transferred to a person, whether possession of the prize is
actually transferred, or placed on an account or other record as
evidence of the intent to transfer the prize.

(d) "Sweepstakes terminal device facility" means any location
in this state where a sweepstakes terminal device is provided to a
sweepstakes participant, except as provided in division (G) of
section 2915.02 of the Revised Code.

(BBB) "Sweepstakes" means any game, contest, advertising
scheme or plan, or other promotion where consideration is not
required for a person to enter to win or become eligible to
receive any prize, the determination of which is based upon
chance. "Sweepstakes" does not include bingo as authorized under
this chapter, pari-mutuel wagering as authorized by Chapter 3769.
of the Revised Code, lotteries conducted by the state lottery
commission as authorized by Chapter 3770. of the Revised Code, and
casino gaming as authorized by Chapter 3772. of the Revised Code.

Sec. 2915.02. (A) No person shall do any of the following:

(1) Engage in bookmaking, or knowingly engage in conduct that
facilitates bookmaking;

(2) Establish, promote, or operate or knowingly engage in
conduct that facilitates any game of chance conducted for profit
or any scheme of chance;

(3) Knowingly procure, transmit, exchange, or engage in
conduct that facilitates the procurement, transmission, or
exchange of information for use in establishing odds or
determining winners in connection with bookmaking or with any game
of chance conducted for profit or any scheme of chance;

(4) Engage in betting or in playing any scheme or game of
chance as a substantial source of income or livelihood;

(5) Conduct, or participate in the conduct of, a sweepstakes
with the use of a sweepstakes terminal device at a sweepstakes
terminal device facility and either:

(a) Give to another person any item described in division
(VV)(1), (2), (3), or (4) of section 2915.01 of the Revised Code
as a prize for playing or participating in a sweepstakes; or

(b) Give to another person any merchandise prize, or a
redeemable voucher for a merchandise prize, the wholesale value of
which is in excess of ten dollars and which is awarded as a single
entry for playing or participating in a sweepstakes. Redeemable
vouchers shall not be redeemable for a merchandise prize that has
a wholesale value of more than ten dollars.

(6) Conduct, or participate in the conduct of, a sweepstakes
with the use of a sweepstakes terminal device at a sweepstakes
terminal device facility without first obtaining a current annual
"certificate of registration" from the attorney general as
required by division (F) of this section;

(7) With purpose to violate division (A)(1), (2), (3), or
(4), (5), or (6) of this section, acquire, possess, control, or
operate any gambling device.

(B) For purposes of division (A)(1) of this section, a person
facilitates bookmaking if the person in any way knowingly aids an
illegal bookmaking operation, including, without limitation,
placing a bet with a person engaged in or facilitating illegal
bookmaking. For purposes of division (A)(2) of this section, a
person facilitates a game of chance conducted for profit or a
scheme of chance if the person in any way knowingly aids in the
conduct or operation of any such game or scheme, including,
without limitation, playing any such game or scheme.

(C) This section does not prohibit conduct in connection with
gambling expressly permitted by law.

(D) This section does not apply to any of the following:

(1) Games of chance, if all of the following apply:

(a) The games of chance are not craps for money or roulette
for money.

(b) The games of chance are conducted by a charitable
organization that is, and has received from the internal revenue
service a determination letter that is currently in effect,
stating that the organization is, exempt from federal income
taxation under subsection 501(a) and described in subsection
501(c)(3) of the Internal Revenue Code.

(c) The games of chance are conducted at festivals of the
charitable organization that are conducted not more than a total
of five days a calendar year, and are conducted on premises owned
by the charitable organization for a period of no less than one
year immediately preceding the conducting of the games of chance,
on premises leased from a governmental unit, or on premises that
are leased from a veteran's or fraternal organization and that
have been owned by the lessor veteran's or fraternal organization
for a period of no less than one year immediately preceding the
conducting of the games of chance.

A charitable organization shall not lease premises from a
veteran's or fraternal organization to conduct a festival
described in division (D)(1)(c) of this section if the veteran's
or fraternal organization already has leased the premises twelve
times during the preceding year to charitable organizations for
that purpose. If a charitable organization leases premises from a
veteran's or fraternal organization to conduct a festival
described in division (D)(1)(c) of this section, the charitable
organization shall not pay a rental rate for the premises per day
of the festival that exceeds the rental rate per bingo session
that a charitable organization may pay under division (B)(1) of
section 2915.09 of the Revised Code when it leases premises from
another charitable organization to conduct bingo games.

(d) All of the money or assets received from the games of
chance after deduction only of prizes paid out during the conduct
of the games of chance are used by, or given, donated, or
otherwise transferred to, any organization that is described in
subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal
Revenue Code and is either a governmental unit or an organization
that is tax exempt under subsection 501(a) and described in
subsection 501(c)(3) of the Internal Revenue Code;

(e) The games of chance are not conducted during, or within
ten hours of, a bingo game conducted for amusement purposes only
pursuant to section 2915.12 of the Revised Code.

No person shall receive any commission, wage, salary, reward,
tip, donation, gratuity, or other form of compensation, directly
or indirectly, for operating or assisting in the operation of any
game of chance.

(2) Any tag fishing tournament operated under a permit issued
under section 1533.92 of the Revised Code, as "tag fishing
tournament" is defined in section 1531.01 of the Revised Code;

(3) Bingo conducted by a charitable organization that holds a
license issued under section 2915.08 of the Revised Code.

(E) Division (D) of this section shall not be construed to
authorize the sale, lease, or other temporary or permanent
transfer of the right to conduct games of chance, as granted by
that division, by any charitable organization that is granted that
right.

(F) Any person desiring to conduct, or participate in the
conduct of, a sweepstakes with the use of a sweepstakes terminal
device at a sweepstakes terminal device facility shall first
register with the office of the attorney general and obtain an
annual certificate of registration by providing a filing fee of
two hundred dollars and all information as required by rule
adopted under division (H) of this section. Not later than the
tenth day of each month, each sweepstakes terminal device operator
shall file a sweepstakes terminal device monthly report with the
attorney general and provide a filing fee of fifty dollars and all
information required by rule adopted under division (H) of this
section. All information provided to the attorney general under
this division shall be available to law enforcement upon request.

(G) A person may apply to the attorney general, on a form
prescribed by the attorney general, for a certificate of
compliance that the person is not operating a sweepstakes terminal
device facility. The form shall require the person to include the
address of the business location where sweepstakes terminal
devices will be used and to make the following certifications:

(1) That the person will not use more than two sweepstakes
terminal devices at the business location;

(2) That the retail value of sweepstakes prizes to be awarded
at the business location using sweepstakes terminal devices during
a reporting period will be less than three per cent of the gross
revenue received at the business location during the reporting
period;

(3) That no other form of gaming except lottery ticket sales
as authorized under Chapter 3770. of the Revised Code will be
conducted at the business location or in an adjoining area of the
business location;

(4) That any sweepstakes terminal device at the business
location will not allow any deposit of any money, coin, or token,
or the use of any credit card, debit card, prepaid card, or any
other method of similar payment to be used, directly or
indirectly, to participate in a sweepstakes;

(5) That notification of any prize will not take place on the
same day as a participant's sweepstakes entry; and

(6) That the person consents to provide any other information
to the attorney general as required by rule adopted under division
(H) of this section.

The filing fee for a certificate of compliance is two hundred
fifty dollars. The attorney general may charge up to an additional
two hundred fifty dollars for reasonable expenses resulting from
any investigation related to an application for a certificate of
compliance.

A certificate of compliance is effective for one year. The
certificate holder may reapply for a certificate of compliance. A
person issued a certificate of compliance shall file semiannual
reports with the attorney general stating the number of
sweepstakes terminal devices at the business location and that the
retail value of prizes awarded at the business location using
sweepstakes terminal devices is less than three per cent of the
gross revenue received at the business location.

(H) The attorney general shall adopt rules setting forth:

(1) The required information to be submitted by persons
conducting a sweepstakes with the use of a sweepstakes terminal
device at a sweepstakes terminal device facility as described in
division (F) of this section; and

(2) The requirements pertaining to a certificate of
compliance under division (G) of this section, which shall provide
for a person to file a consolidated application and a consolidated
semiannual report if a person has more than one business location.

The attorney general shall issue a certificate of
registration or a certificate of compliance to all persons who
have successfully satisfied the applicable requirements of this
section. The attorney general shall post online a registry of all
properly registered and certified sweepstakes terminal device
operators.

(I) The attorney general may refuse to issue an annual
certificate of registration or certificate of compliance to any
person or, if one has been issued, the attorney general may revoke
a certificate of registration or a certificate of compliance if
the applicant has provided any information to the attorney general
as part of a registration, certification, monthly report,
semiannual report, or any other information that is materially
false or misleading, or if the applicant or any officer, partner,
or owner of five per cent or more interest in the applicant has
violated any provision of this chapter.

(J) The attorney general may take any necessary and
reasonable action to determine a violation of this chapter,
including requesting documents and information, performing
inspections of premises, or requiring the attendance of any person
at an examination under oath.

(K) Whoever violates this section is guilty of gambling, a
misdemeanor of the first degree. If the offender previously has
been convicted of any gambling offense, gambling is a felony of
the fifth degree. Notwithstanding this division, failing to file a
sweepstakes terminal device monthly report as required by division
(F) of this section or the semiannual report required by division
(G) of this section is a misdemeanor of the first degree.